Agenda and draft minutes

Licensing Sub-Committee - Monday, 11 January 2021 10.00 a.m.

Venue: District Council Chamber, South Lakeland House, Kendal

Contact: Committee Services 

Link: View the live stream of the meeting here

Items
No. Item

LS/17

Election of Chairman

To elect a Chairman for the meeting.

Minutes:

RESOLVED – The Councillor Ian Wharton be elected Chairman for the meeting.

LS/18

Introduction

Minutes:

Following confirmation that the live stream of the meeting had commenced, the Legal, Governance and Democracy Specialist welcomed everyone to the virtual meeting of South Lakeland District Council’s Licensing Sub-Committee.

 

The Legal, Governance and Democracy Specialist then invited Members of the Committee to introduce themselves, to advise whether they were taking part by video or audio and to confirm that they were able to see (where practicable) and hear all Members participating in the meeting. All Members present, having indicated that this was the case, the Legal, Governance and Democracy Specialist then invited the public participants, who had been dialled into the meeting, to introduce themselves and confirm that they were able to hear the proceedings. He then referred to officers present at the meeting who would introduce themselves when asked to address the meeting.

LS/19

Apologies and Reconstitution of Membership

To receive apologies for absence, if any, and to report any arising changes to membership.

Minutes:

RESOLVED – That it be noted that there were no apologies and no reconstitution of membership.

LS/20

Declarations of Interest

To receive declarations by Members of interests in respect of items on this Agenda.

 

Members are reminded that, in accordance with the revised Code of Conduct, they are required to declare any disclosable pecuniary interests or other registrable interests which have not already been declared in the Council’s Register of Interests.  (It is a criminal offence not to declare a disclosable pecuniary interest either in the Register or at the meeting.)

 

Members may, however, also decide, in the interests of clarity and transparency, to declare at this point in the meeting, any such disclosable pecuniary interests which they have already declared in the Register, as well as any other registrable or other interests.

 

If a Member requires advice on any item involving a possible declaration of interest which could affect his/her ability to speak and/or vote, he/she is advised to contact the Monitoring Officer at least 24 hours in advance of the meeting.

Minutes:

RESOLVED – That it be noted that no declarations of interest were raised.

LS/21

Local Government Act 1972 - Excluded Items

To consider whether the items, if any, in Part II of the Agenda should be considered in the presence of the press and public.

Minutes:

RESOLVED – That it be noted that there are no excluded items on the agenda.

LS/22

Procedure for Meeting

The Chairman will make introductions and read out the procedure for the meeting.

Minutes:

The Chairman read out the procedure for the meeting.

LS/23

Licensing Act 2003 - Application for the grant of a premises licence pdf icon PDF 303 KB

To consider an application for a premises licence.

Additional documents:

Minutes:

The Licensing Specialist addressed the Sub-Committee and drew Members’ attention to Sub-Section 1.17 of guidance issued under Section 182 of the Licensing Act 2003. He went on to outline details of the application which sought authorisation for the sale of alcohol both on and off premises, during the hours of 00.00 hours to 23.59 hours, Monday to Sunday.

 

The Licensing Specialist also referred to Appendices A and C to the report, which further outlined the details of the application and the location of the premises. He explained that the application had been circulated to all of the Responsible Authorities and that none of them had submitted a relevant representation. He also explained the application adhered to all advertising requirements in accordance with the Licensing Act 2003.

 

The Licensing Specialist outlined that there were three representations to consider in opposition to the application for the Hideout Boutique on Quarry Brow. The representations related to the prevention of crime and disorder and the prevention of public nuisance. Furthermore, the Licensing Specialist confirmed that the alcohol would be sold only to guests and not the general public.

 

The Licensing Specialist responded to questions raised by Sub-Committee Members.

 

Beth Grey, a local resident on Quarry Brow, addressed the Sub-Committee on behalf of herself, Edward Grey and Colette Grey, also local residents.

 

Beth Grey began her representation by explaining that she and those she was representing lived in the immediate vicinity of the premises. She stated that Quarry Brow was purely residential and that granting such a licence would be out of the ordinary for this street. She expressed worry that granting such a licence may be the first step in turning the premises into a bar. Ms Grey’s concern was that the granting of this licence would have a detrimental effect on the lives of residents and on her livelihood.

 

She stated that no sufficient control measures, to prevent public nuisance as well as crime and disorder, were stated in the application. She expressed concern about the lack of clarity in the application regarding the specifics of sale and consumption of alcohol on site. With regards to the prevention of public nuisance, Ms Grey was particularly concerned about the possible impact that granting the licence would have on noise levels and general disturbance on the street. With regards to the prevention of crime and disorder, Ms Grey raised concerns about CCTV and data protection. She expressed concern about the limited details about the use of CCTV and the fact that there was no maximum retention period given, only a minimum of 28 days. She queried the applicant and Sub-Committee as to how the incongruence between the prevention of crime and disorder and the prevention of breaching personal data would be resolved, as the CCTV from the Hideout House premise impacted residents’ doors and front gardens and thus far no detail had been provided on how the applicant was to prevent intrusion of data. Moreover, Ms Grey argued that the licence application seemed excessive as  ...  view the full minutes text for item LS/23